What is the punishment when the actor knows is a public servant while the public servant is lawfully discharging an official duty?
Assault on a Peace Officer or Judge If the assault is committed against a person the actor knows is a peace officer or judge while he or she is lawfully discharging an official duty or in retaliation of an official duty, the offense is a second-degree felony, punishable by two to 20 years in prison.
How much time can you get for assault on a public servant?
As a misdemeanor, assaulting a public official can lead to one-year in jail if you are found guilty or plead guilty. On the other hand, felony assault on a public official carries a maximum of four years behind bars.
What is the punishment for assault in Texas?
Assault causing Bodily Injury is a Class A misdemeanor in Texas and is punishable by up to a year in jail and $4,000 in fines.
Is assault with bodily injury a felony in Texas?
The state of Texas categorizes assault in a number of different ways, and assault charges can range from misdemeanors to felonies. When it comes to assault with bodily injury, Texas defines it as a Class A misdemeanor.
Is getting in someone’s face considered assault?
Getting in someone’s face can be considered assault in certain situations. In short, if getting in someone’s face involves threatening them with imminent bodily injury, it might be considered assault, which the state classifies as a misdemeanor.
Is breaking someone’s nose a felony?
Simple battery is a misdemeanor. However, a more serious form of battery is Battery Causing Serious Bodily Injury (also referred to as ‘Aggravated Assault’). This may be charged, either as a felony or misdemeanor, if the physical contact results in serious injury to the victim, such as a concussion, broken nose, etc.
What does assault on public servant mean?
PC 217.1 makes it a serious crime to assault a pubic official targeted for retaliation for, or to prevent them from performing their duties. Public officials are employees of the government and have a responsibility to execute their assigned duties. …
Can assault happen without contact?
Many people believe that assault refers only to a violent physical attack. However, under the Criminal Code, an act can be considered an assault even if there is no actual physical contact. However, words alone cannot be an assault.
What happens if you assault a public servant in Texas?
If the assault against a public servant or government official causes serious bodily injury or involved the use or exhibition of a deadly weapon, the offense becomes Aggravated Assault on a Public Servant. This charge is a first degree felony in Texas, punishable by up to life in prison and a maximum $10,000 fine.
Is there Statute of limitations on assault in Texas?
The statute of limitations for harassment of a public official is three years in Texas. Any allegation of assaulting a public servant is going to be taken seriously. Other officers, the filing detective, and the prosecutor is likely to assume the worst.
What’s the Statute of limitations on assault on a public servant?
Assault on a Public Servant is a third degree felony, punishable by 2 to 10 years in prison. A fine of up to $10,000 can also be imposed. The statute of limitations for this charge is three years in Texas.
How is assault defined in the Texas Penal Code?
… Texas Penal Code – PENAL § 22.01. Assault (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or